In technology, the most valuable assets are the ones you cannot see. We litigate trade-secret theft and departing-employee cases for semiconductor, electronics and software companies — and we build the protection programs that keep clients out of court in the first place.
As a rule, three requirements must all be met: the information is not generally known to persons in the relevant field; it has actual or potential economic value because of its secrecy; and its owner has taken reasonable measures to keep it secret. In practice the third is the most contested — whether the company actually classifies, labels and restricts access to the information and has confidentiality agreements in place often decides whether the claim succeeds.
Start by lawfully preserving evidence and establishing the extent of the leak, then consider a demand for return and cessation of use, interim measures, a damages claim and whether to file a criminal complaint. Civil and criminal routes differ in what must be proved and in timing, so they should be planned together. The evidence-gathering itself must be lawful, or it may affect admissibility and create separate liability.
The law sets requirements for post-employment non-competes. Relevant factors usually include whether the employer has a legitimate business interest deserving protection, whether the employee had access to that information, whether the restricted period, territory, scope of activity and prospective employers are reasonable, and whether the employer provides reasonable compensation. A clause that goes beyond what is reasonable may be held invalid.
There is no single standard; courts look at the company's size, industry and the nature of the information as a whole. Common measures include classifying and labelling information, access rights by role, confidentiality agreements, training, exit interviews and handover of materials, and retention of system access logs. What matters is whether the measures are actually carried out, not merely written down.
It depends on the type of data and the company's industry. Where personal data is involved, the company will usually need to establish the facts and notify the data subjects in an appropriate manner, and should check the rules on reporting to the competent authority. Where a customer's or partner's confidential information is involved, contractual notification and indemnity duties must be reviewed. How the incident is handled and recorded in the first days affects later legal liability.
If you are facing one of the issues above, it helps to gather the relevant notices, contracts, correspondence, a timeline of events and the outcome you hope for before contacting us to arrange a consultation. Once we understand the basic facts and have completed a conflict-of-interest check, we will explain how we can help, the scope of engagement and our fees. The outcome of any matter depends on its specific facts, the evidence, the applicable law and the decision of the competent authority or court.
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